J. D. Halstead Lumber Co. v. Security Title Insurance & Guarantee Co.
Opinion
Lead Opinion
Plummer, J.
The plaintiff began this action to restrain the defendant Security Title Insurance and Guarantee Company, a corporation, from executing and delivering a trust deed to the defendant Harry H. Andrews, conveying certain property hereinafter mentioned, or in lieu thereof judgment against each of said defendants in the sum of $8,000, together with interest at the rate of eight per cent per annum thereon from the fourth day of May, 1928. The defendants had judgment and the plaintiff appeals.
The record shows that on or about the first day of July, 1926, W. P. Stillman and Florence R. Stillman, his wife, and A. M. McLellan and Hazel McLellan, his wife, were the owners of record of lot 10 in block “E,” Knob Hill tract, city and county of Los Angeles. That on or about said date said owners made, executed and delivered to the Union Engineering Company, Incorporated, their promissory note in writing for the sum of $25,000, payable in semiannual installments of $500 each, with interest thereon at the rate of eight per cent per annum, and upon the same date executed and delivered to the Security Title Insurance Company a deed of trust to said property to secure the payment of the sum of…